Section 66264.121 - Postclosure Requirements for Facilities that Obtain Enforceable Documents in Lieu of Postclosure Permits(a) Owners and operators who are subject to the requirement to obtain a postclosure permit under Section 66270.1(c), but who obtain enforceable documents in lieu of postclosure permits, as provided under Section 66270.1(c)(7), must comply with the following requirements: (1) The requirements to submit information about the facility in Section 66270.28;(2) The requirements for facility-wide corrective action in Section 66264.101; and(3) The requirements of Sections 66264.91 through 66264.100.(b)(1) The Department, in issuing enforceable documents in lieu of permits under this section, will assure a meaningful opportunity for public involvement which, at a minimum, includes public notice and opportunity for public comment: (A) When the Department becomes involved in a remediation at the facility as a regulatory or enforcement matter;(B) On the proposed preferred remedy and the assumptions upon which the remedy is based, in particular those related to land use and site characterization; and(C) At the time of a proposed decision that remedial action is complete at the facility. These requirements must be met before the Department may consider that the facility has met the requirements of Section 66270.1(c)(7), unless the facility qualifies for a modification to these public involvement procedures under paragraph (b)(2) or (3) of this section.
(2) If the Department determines that even a short delay in the implementation of a remedy would adversely affect human health or the environment, the Department may delay compliance with the requirements of paragraph (b)(1) of this section and implement the remedy immediately. However, the Department must assure involvement of the public at the earliest opportunity, and, in all cases, upon making the decision that additional remedial action is not needed at the facility.(3) The Department may allow a remediation approved by the Department and initiated prior to the enactment of this regulation to substitute for corrective action required under a postclosure permit even if the public involvement requirements of paragraph (b)(1) of this section have not been met so long as the Department assures that notice and comment on the decision that no further remediation is necessary to protect human health and the environment takes place at the earliest reasonable opportunity after this regulation was enacted.Cal. Code Regs. Tit. 22, § 66264.121
1. New section filed 10-31-2018; operative 1-1-2019 (Register 2018, No. 44). Note: Authority cited: Sections 25150, 25159, 25245, 25247, 25259.5 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245, 25246 and 58012, Health and Safety Code; and 40 CFR Section 265.121.
1. New section filed 10-31-2018; operative 1/1/2019 (Register 2018, No. 44).
1. New section filed 10-31-2018; operative 1/1/2019 (Register 2018, No. 44).